Legal Opinion

United States v. Miguel Pena, A/K/A Bernardo Pena

Court of Appeals for the Second Circuit

Decided April 7, 1992No. 114, Docket 90-1715PublishedCited by 101 opinions

1Opinion of the Court

MAHONEY, Circuit Judge:

Defendant-appellant Miguel Pena appeals from a judgment of the United States District Court for the Southern District of New York, Shirley Wohl Kram, Judge, entered November 30, 1990. Pena was convicted of possessing approximately two kilograms of cocaine with intent to distribute it, in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(B) (1988). The district court refused Pena’s request for a hearing on the legality of the search that resulted in discovery of the cocaine in question, and arguably prompted subsequent incriminatory statements.

We remand for a suppression…

2Cases cited39 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Illinois v. GatesSupreme Court of the United States · 1983
  3. Rakas v. IllinoisSupreme Court of the United States · 1979
  4. Brown v. IllinoisSupreme Court of the United States · 1975
  5. United States v. Brignoni-PonceSupreme Court of the United States · 1975

34 more not listed; retrieve them via the Exa API.

3Cited by101 opinions

  1. United States v. Julio Gori, Sorin Pichardo and Victor RosarioCourt of Appeals for the Second Circuit · 2000
  2. United States v. $557,933.89, More or Less, in U.S. FundsCourt of Appeals for the Second Circuit · 2002
  3. United States v. Eric GagnonCourt of Appeals for the Second Circuit · 2004
  4. United States v. RajaratnamCourt of Appeals for the Second Circuit · 2013
  5. United States v. OdehCourt of Appeals for the Second Circuit · 2008

96 more not listed; retrieve them via the Exa API.

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